The $5 million tala lawsuit

27 August 2018

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Dear Editor,

I write to provide some facts for the matter to help capitulate and dispel what had been reported in your recent edition regarding “a $5 mil lawsuit by some mob” that had been filed against “my government”, over my country’s 2008 land law that violates, violates, violates...

Yes Sir! Perhaps ... alleged to have VIOLATED the CONSTITUTION! Says who? May I ask! Ten years after the law was passed? Wow!

With a condition of extreme adversity to brewing a storm in just a mere teacup, surely Sir, had caused me to chant aloud:

“In Him! Through Him! With Him! All thy things were made! Thy Kingdom Come! Thy will be done on Earth as it is in Heaven!

“Praise be to those, blinded as a bat who have no slightest idea of a constitutional law ... other than criminal and the bush laws?”

As I do not entail in the fine print for one’s qualification for being a bush-lawyer, however of course my honourable P.M friend is privy to define that into details. Take it up with him. I am sure he has the bush-lawyers’ encyclopaedia to help answer all media queries.

But pertaining to this $5 mil lawsuit, that, I am able to relate well to. That so is nothing but a funny joke by the conducive juvenile jesters’ imperil, for only playing the fool.

A $5 mil horrendous lawsuit for what?

Please! Oh! Please! Samoa is no British rock band, Dire Straits to sing Money For Nothing. Get off the grass.

This surely chills the hair on my neck for the -”lepopoi”- impetuous raucous acolytes’ endeavouring to milk some easy dough in broad daylight off the people of Samoa? The cracks are starting to confirm my suspicious this mob is not representing the interest of Samoa but themselves.

But thank God matters pertaining to the Constitution of Samoa the court has already ruled in regards. Remember Mr. Editor Su’a Rimoni Ah Chong who made the very same claim of VIOLATION! VIOLATION! VIOLATION!

As Comptroller and Chief Auditor, Su’a Rimoni Ah Chong took the government to court making the very same claim of violating the Constitution.

Article 99 of the Constitution plus Clauses, Sections and Subsections were quoted to substantiate Su’a Rimoni argument stating that “my government” had acted unlawfully by referring his report to the Commission of Inquiry rather the Public Accounts Committee, therefore violated the Constitution.

Yes Sir! Violating the Constitution, Su’a Rimoni Ah Chong had thought but when the Court rules: Samoa Parliament is the supreme law processing power no court has any jurisdiction over!

I can categorically assure all, whatever is written in our Constitution is clearly defined by it as OBSOLETE, for as long as a two third margin hence that tally, is currently exceeded by the HRPP government with a margin of 99.99 percent!

If you were well versed with Samoa politics back then Sir, hence you would understood the vigorous pattern of holding on to very dear life.

In other words, should the current Samoa Parliament decide to suspend the whole Constitution to rewrite the entire to modernize it, no bush-lawyer can stop it.

As it was in 1997, the HRPP amended the Constitution to make the Controller and Chief Auditor appointed for a term of three years, and to permit his removal upon motion of the government and a simple majority vote by Parliament.

That Sir, was an iconic move condoned within the texture and peripheral of the Constitution.

Prior to this amendment Sir, the position of Controller and Chief Auditor was like that of the Chief Justice; an appointment for a life tenure until reaching the age of 60 with the threshold for removal being a two-third vote in parliament.

Without a slightest doubt in my simple mind, we are about to again, going through the very same process to hear the replaying of the old scratchy vinyl, and am feeling so so sorry for my poor ears going through a distorted audio. This lawsuit is doomed to failure from start; mark my word Sir. They will never succeed.

This silly lawsuit has no leg to stand.

Now let’s cut the chase and read between the blurred lines down to memory lane to trace the precious pieces of history how the modern, for the real Samoa first of today:

Remember that meeting by the paramount chiefs and paramount orators at Ulugia Suivai’s residence at Vaiusu where the real Samoa first, the HRPP was hatched and gave birth in 1979?

Those attended were grey haired and long serving public servants in Samoa; not some recently repatriated expatriates who formed and registered with the backing of a huge majority of overseas based troublemakers.

Then the ludicrous fiascos of the Year 1982 when Samoa had made itself to become a laughing stock of the world when in one year, with four governments, and four different prime ministers.

As politics in Samoa was receiving a hammering though, the chicken frames had made a name for itself in the country when the discarded poultry part fitted only for manure had become a delicacies on most dining plates.

Literally, the country was bankrupt.

The same year, the late Tofilau Eti Alesana came to the rescue when he became the Honourable Prime Minister of Samoa for the second time, after a budget vote was a defeat for the Tupuola Efi government.

The building of Samoa first ever television and mobile telephones. The flash high-rise Tupua Tamasese Mea’ole National Hospital; that is a Samoa first.

The old age monthly pension; that is a Samoa first. The no school fees for primary schools; that is a Samoa first.

And the 1998 so-called Tumua ma Pule petition and resistance that Tofilau Eti Alesana smashed into oblivions and attributed as the SNDUP lead campaign, that had collected over 220,000 signatures for the removal of the HRPP government, resulting in an appointed Commission of Enquiry with members selected from overseas palagi lawyers and judges!

Remember that protest march towards the Head of State residence at Fa’ato’ia with many muscular men carrying on shoulders huge steel filing cabinets containing the names from local and overseas signatures Mr. Editor?

Remember the convoy of semitrailer trucks that transported the filing cabinets from Fa’ato’ia to a safe keeping storage paid for by my HRPP government, to make sure every signature is protected from being vandalised?

And when the Commission of Enquiry released it’s finding, out of 220,000 signatures, was just an allusion of a compassionate pity!!!!!

Only12 signatures! Yes indeed Mr. Editor, out of the 220,00 overseas troublemakers hogwash (and some locals of course), just a mere 12 signatures were valid; all were just first names with no abode ... as if Samoa is a banana republic!

What about the mass demonstration marches in Savai’i and Upolu in 2009 to protest against the shifting of the vehicles driving side?

Hence resulting to many members of the protest committee had stood as independent candidates against the HRPP government and when the 2011 general elections was held and dust settled, none of those candidates had won a seat. Even worst, some candidates were declared bankrupt.

And then in 2013, a group of well educated matai, Leulua’iali’i Tasi Malifa who holds a Master in law of Afega, Fiu Mataese Elisara, an environmentalist of Sili Savai’i, Teleiai Dr. Sapa Saifaleupolu, of Samatau, an environmentalist, and Lilomaiava Ken Lameta who successfully challenge the Asian Development Fund (ADB) regarding the leasing of lands as per 2008 land law.

The question being: Why did not the four take the Samoa government to court rather appealing to the ADB, raising their valid concerns about the using of lands in Samoa for the purpose of mortgaging and leases of cultural lands?

They are very wise men bare in mind Leuluā’i Tasi Malifa holds a Master degree in law.

Perhaps they learnt and fully understood the plight of Su’a Rimoni Ah Chong and the ruling that Samoa Parliament is the supreme law of Samoa no court has any jurisdictions over it when it comes to the Constitution.

So with the tantalising stats of the 1998 Tumua ma Pule SNDUP petition and mass demonstration marches as well as the 2009 roadside driving side shifting pandemonium campaign, compare those to the present lawsuit against “my government” and the very low turn out to their appeal to march to show solidarity, perhaps Stui is reading the history and laugh his head off.

Well, these are novices in politics compare to Palusalue Fa’apo ii the heavy weight and his cohorts in the last lawful recognised opposition party in parliament that Stui annihilated into the oblivions in the last general elections being held in 2016.

Apparently, some are saying Samoa is a one party state hence I say, so be it. That is the will of the people based on what they have witnessed in the so many infrastructure development projects rising up at every corners of Samoa. The essence of actions speaks louder than just mere words.

Samoa mo Samoa is the leadership of Samoa by the paramount chiefs and paramount orators who are in Parliament; The Head of State; The Council of Deputies; The Chief Justice and the Honourable Members of the Judiciaries; The Police Commissioner and his Subordinates; The village councils etc. etc..

That is the real Samoa First; not for some long shots from so so far away hiding from behind while sending some trolls to front the hysteria and hype that is nothing but blowing in the wind; the answer my friends, is blowin’ in the wind!

What about the poor turnout who marched along Beach Road last December? How about the worst showing who marched in Savai’i for the same group; and now they want to take my government to court, and also forming a party calling itself Samoa first??

First for what? Other than first for trying to take $5 million out of the Samoa peoples’ government?

And or the connotation for the first here first there first this first that, spiralling lately around the world like a wild fire out of control with a supremacy and racial objections in mind to build hatred against other human races!

If they are aiming to deny the new Chinese arrival the right to be in Samoa who are working tirelessly providing very cheap and low affordable goods for the locals, then these people are in for a shock. Samoa needs the Chinese; leave them alone.

That, has no place in Samoa mo Samoa however, we must welcome all other immigrants for as long as they know, they are visitors and have no say in our local affairs.

And a very wise absolute word of advise for the recently repatriated expatriates:

To be a Samoan, educate yourself so you may understand the ways of other people. But not too much that you may lose your understanding of your own.

Try things papalagi, not so you may become a palagi but you may see the value of things Samoan.

Learn to speak Samoan; not so you may be seen a Samoan, but you may feel the essence of being a Samoan.

Above all else, be aware of what you are, so you may save yourself the agony of those who are asking: “Who Am I?”

Well, I know who I am Sir! I am at your service Mr. Editor for 40 years as a correspondence for my newspaper. Happy 40th birthday Samoa Observer!!! Great effort guys! Democracy is alive and kicking strongly in Samoa.